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Excusable Default Excusable default is the most common reason for vacating a default judgment. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense).
An appellant must file his or her notice of appeal and deposit with the clerk of the district court the docket fee required by section 33-103 within 30 days of the entry of the order from which the appeal is taken.
If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.